Cal. Civ. Code § 138
Parapets and guard railings
Operative Text
§ 138. Parapets and guard railings. Except as hereinafter provided every open area of a roof, terrace, areaway, outside stair, retaining wall or porch shall be protected by a parapet wall, a guard railing, or both, extending three feet six inches or more in height above the level of such area or, in the case of a stair landing, stair window or window in a public hall, above the level of the floor adjacent thereto. In dwellings two stories in height, it shall be sufficient if the guard railing is erected at least five feet distant from and encloses any required bulkhead or scuttle opening to the roof. This section shall not apply to dwellings one story in height.
New York Multiple Residence Law § 138 requires that open areas such as roofs, terraces, areaways, outside stairs, retaining walls, and porches be protected by a parapet wall, a guard railing, or both, reaching at least three feet six inches above the surface of those areas. For stair landings, stair windows, or public hall windows, the height is measured from the adjacent floor level. Two-story dwellings have a modified option for roof openings, and single-story dwellings are exempt from this requirement entirely.
Plain English — not legal advice.
Property owners and managers overseeing multiple residences subject to N.Y. Mult. Resid. Law § 138 generally ensure that all covered open areas—roofs, terraces, porches, outside stairs, and similar spaces—are equipped with compliant parapets or guard railings meeting the minimum height of three feet six inches. For two-story buildings, operators typically verify that any required bulkhead or scuttle opening is enclosed by a guard railing positioned at least five feet away from the opening. Routine inspections of these protective barriers help confirm that they remain structurally sound and continue to meet the dimensional standards set out in § 138.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in multiple residences covered by N.Y. Mult. Resid. Law § 138 have an interest in knowing that open rooftop areas, terraces, porches, and outside stairs are supposed to be protected by adequately sized parapets or guard railings. If a railing or parapet appears to be missing, too low, or in disrepair, tenants can document the condition and consider reporting it to the local housing or building code enforcement agency. Tenant-rights organizations can also help residents understand how a violation of § 138 might be raised in relevant housing proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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